1,1,1,2 Tetrafluoroethane (R-134a) From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances, in Part, 12192-12195 [2017-03961]

Download as PDF 12192 Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Notices completed segment for the most recent period for each company; (2) for other producers and exporters covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the completed segment for the most recent period of this proceeding in which that producer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, then the cash deposit rate will be the rate established for the completed segment for the most recent period of this proceeding for the producer of subject merchandise; and (4) the cash deposit rate for all other producers or exporters will continue to be 12.45 percent, the all-others rate established in the investigation.15 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties We are issuing and publishing these preliminary results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: February 22, 2017. Carole Showers, Executive Director, Office of Policy, Policy & Negotiations. [FR Doc. 2017–03959 Filed 2–28–17; 8:45 am] asabaliauskas on DSK3SPTVN1PROD with NOTICES BILLING CODE 3510–DS–P 15 See Notice of Final Determination of Sales at Less Than Fair Value: Stainless Steel Bar from India, 59 FR 66915, 66921 (December 28, 1994). VerDate Sep<11>2014 18:09 Feb 28, 2017 Jkt 241001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–044] 1,1,1,2 Tetrafluoroethane (R–134a) From the People’s Republic of China: Final Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances, in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) determines that 1,1,1,2 Tetrafluoroethane (R–134a) (‘‘R134a’’) from the People’s Republic of China (‘‘PRC’’) is being, or is likely to be, sold in the United States at less than fair value (‘‘LTFV’’). The final weightedaverage dumping margins of sales at LTFV are listed below in the ‘‘Final Determination Margins’’ section of this notice. DATES: Effective March 1, 2017. FOR FURTHER INFORMATION CONTACT: Paul Stolz or Keith Haynes, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4474, and (202) 482–5139, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On October 7, 2016, the Department published the Preliminary Determination of this antidumping duty (‘‘AD’’) investigation.1 In the Preliminary Determination, we postponed the final determination until no later than 135 days after the date of publication of the Preliminary Determination in accordance with section 735(a)(2) of the Tariff Act of 1930, as amended (‘‘the Act’’) and invited interested parties to comment on our preliminary findings. A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties 1 See 1,1,1,2-Tetrafluoroethane (R–134a) from the People’s Republic of China: Preliminary Determination of Sales at Less-Than-Fair Value and Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination, 81 FR 69786 (October 7, 2016) and accompanying Preliminary Decision Memorandum, as later amended by 1,1,1,2-Tetrafluoroethane (R–134a) from the People’s Republic of China; Amended Preliminary Affirmative Determination of Sales at Less-Than-Fair Value, 81 FR 86699 (December 1, 2016) (collectively, ‘‘Preliminary Determination’’). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 for this final determination, may be found in the accompanying Issues and Decision Memorandum.2 Period of Investigation The period of investigation (‘‘POI’’) is July 1, 2015, through December 31, 2015. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was March, 2016.3 Scope Comments In the Initiation Notice, the Department set aside a period of time for parties to address scope issues in case briefs or other written comments on scope issues.4 No interested party provided comments on scope issues for the Preliminary Determination; however, certain parties did submit comments on the scope of the investigation in the case and rebuttal briefs. The Department addresses these comments in the accompanying Issues and Decision Memorandum, but the scope of this investigation remains unchanged for this final determination.5 Scope of the Investigation The product covered by this investigation is 1,1,1,2 Tetrafluoroethane (R–134a) from the PRC. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix I of this notice. Analysis of Comments Received All issues raised in the case and rebuttal briefs by interested parties in this investigation that are not related to the scope of this investigation are addressed in the Issues and Decision Memorandum, which is incorporated by reference by, and hereby adopted by, this notice.6 A list of these issues is attached to this notice at Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized 2 See Memorandum to Carole Showers, Executive Director, Office of Policy, Policy & Negotiations, (insert Carole’s title), ‘‘Issues and Decision Memorandum for the 1,1,1,2 Tetrafluoroethane (R–134a) from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value and Affirmative Determination of Critical Circumstances, in Part,’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’). 3 See 19 CFR 351.204(b)(1) and the Initiation Notice. 4 See 1, 1, 1, 2-Tetrafluoroethane from the People’s Republic of China: Initiation of Less Than Fair Value Investigation, 81 FR 18830 (April 1, 2016) (‘‘Initiation Notice’’). 5 See the Issues and Decision Memorandum at Comment 2. 6 Id. E:\FR\FM\01MRN1.SGM 01MRN1 Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Notices Electronic Service System (‘‘ACCESS’’). ACCESS is available to registered users at https://access.trade.gov. The Issues and Decision Memorandum is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum is available at http:// enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Verification As provided in section 782(i) of the Act, from November 9, 2016, through November 16, 2016, we conducted a verification of the sales and cost responses submitted by Zhejiang Sanmei Chemical Industry Co., Ltd. (‘‘Sanmei’’). We issued a verification report on December 19, 2016.7 The Department used standard verification procedures, including an examination of relevant accounting and production records and original source documents provided by respondents.8 Changes Since the Preliminary Determination Based on the Department’s analysis of the comments received and our findings at verification, we made certain changes to Sanmei’s margin calculations. For a discussion of these changes, see the Issues and Decision Memorandum. Combination Rates In the Initiation Notice, the Department stated that it would calculate combination rates for the respondents that are eligible for a average dumping margin as the margin for the separate rate companies. separate rate in this investigation.9 Policy Bulletin 05.1 describes this practice.10 PRC-Wide Rate Final Affirmative Determination of Critical Circumstances, in Part In the Preliminary Determination, the Department found that critical circumstances exist with respect to imports of R134a from the PRC produced or exported by the PRC-wide entity and non-individually reviewed producers/exporters entitled to a separate rate.11 We are not modifying our findings for this final determination. Thus, pursuant to section 735(a)(3)(B) of the Act and 19 CFR 351.206(h)(1)–(2), we find that critical circumstances exist with respect to subject merchandise produced or exported by the PRC-wide entity and non-individually reviewed producers/exporters entitled to a separate rate.12 Separate Rate Under section 735(c)(5)(A) of the Act, the rate for all other companies that have not been individually examined is normally an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely on the basis of facts available. In this final determination, we calculated a weighted-average dumping margin for Sanmei (the only mandatory respondent eligible for a separate rate) which is not zero, de minimis, or based entirely on facts available. Accordingly, we determine to use Sanmei’s weighted- In our Preliminary Determination, we found that, pursuant to sections 776(a) and (b) of the Act, the PRC-wide entity did not respond to the Department’s requests for information, failed to provide necessary information, withheld information requested by the Department, failed to provide information in a timely manner, and significantly impeded this proceeding by not submitting the requested information. As a result, we preliminarily determined to calculate the PRC-wide rate on the basis of adverse facts available (‘‘AFA’’). For the final determination, we continue to calculate the PRC-wide rate on the basis of AFA, in accordance with sections 776(a) and (b) of the Act. We are applying Sanmei’s highest calculated transaction-specific dumping rate of 167.02 percent, as AFA, to the PRCwide entity for this final determination.13 The transaction underlying this dumping margin is neither unusual in terms of transaction quantities nor otherwise atypical, and does not reveal any of Sanmei’s proprietary data.14 There is no need to corroborate the selected margin because it is based on information submitted by Sanmei in the course of this investigation, i.e., it is not secondary information.15 Final Determination The Department determines that the estimated final weighted-average dumping margins are as follows: Weightedaverage margin (percent) Exporter Producer Zhejiang Sanmei Chemical Industry Co., Ltd ............................. Zhejiang Sanmei Chemical Industry Co., Ltd. and Jiangsu Sanmei Chemicals Co., Ltd. Jiangsu Bluestar Green Technology Co., Ltd ........................... Electrochemical Factory of Zhejiang Juhua Co., Ltd ................ Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd. Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd ..................... Jiangsu Bluestar Green Technology Co., Ltd ............................ T.T. International Co., Ltd ........................................................... T.T. International Co., Ltd ........................................................... asabaliauskas on DSK3SPTVN1PROD with NOTICES T.T. International Co., Ltd ........................................................... 7 See the Department’s memorandum, ‘‘Verification of the Sales and Factors of Production Questionnaire Responses of Zhejiang Sanmei Chemical Industry Co., Ltd. in the Antidumping Investigation of 1,1,1,2-Tetrafluoroethane (R–134a) from the People’s Republic of China,’’ dated December 19, 2016 (‘‘Verification Report’’). 8 Id. 9 See Initiation Notice, 81 FR at18834. 10 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ dated April 5, 2005 (‘‘Policy VerDate Sep<11>2014 18:09 Feb 28, 2017 Jkt 241001 Bulletin 05.1’’), available on the Department’s Web site at http://enforcement.trade.gov/policy/bull051.pdf. 11 See the memorandum, ‘‘Less Than Fair Value Investigation of 1,1,1,2 Tetrafluoroethane (‘‘R–134a’’) from the People’s Republic of China (‘‘PRC’’): Critical Circumstances Import Data,’’ dated September 29, 2016. 12 For a full description of the methodology and results of our analysis, see the Issues and Decision Memorandum and see the memorandum, ‘‘Analysis for the Final Determination of the Less-Than-FairValue Investigation of 1,1,1,2-Tetrafluoroethane (R 134a) from the People’s Republic of China,’’ dated concurrently with this notice. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 12193 148.79 148.79 148.79 148.79 148.79 13 See, e.g., Silica Bricks and Shapes from the People’s Republic of China: Preliminary Determination of Antidumping Duty Investigation and Postponement of Final Determination, 78 FR 37203 (June 20, 2013), and accompanying Preliminary Decision Memorandum at Comment 3. 14 See Certain Frozen Warmwater Shrimp from Thailand: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review, 72 FR 52065 (September 12, 2007) and accompanying Issues and Decision Memorandum at Comment 2. 15 See 19 CFR 351.308(c) and (d) and section 776(c) of the Act. E:\FR\FM\01MRN1.SGM 01MRN1 12194 Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Notices Weightedaverage margin (percent) Exporter Producer T.T. International Co., Ltd ........................................................... T.T. International Co., Ltd ........................................................... Weitron International Refrigeration Equipment Co., Ltd ............. Zhejiang Sanmei Chemical Ind. Co., Ltd ................................... Zhejiang Zhonglan Refrigeration Technology Co., Ltd .............. Sinochem Environmental Protection Chemicals (Taicang) Co., Ltd. Weitron International Refrigeration Equipment Co., Ltd ............ Zhejiang Organic Fluor-Chemistry Plant, Zhejiang Juhua Co., Ltd. Zhejiang Quhua Fluor-Chemistry Co., Ltd ................................. Zhejiang Quhua Juxin Fluorochemical Industry Co., Ltd .......... Zhejiang Sanmei Chemical Industry Co., Ltd ............................ .................................................................................................... Weitron International Refrigeration Equipment Co., Ltd ............. Weitron International Refrigeration Equipment Co., Ltd ............. Weitron International Refrigeration Equipment Co., Ltd ............. Weitron International Refrigeration Equipment Co., Ltd ............. Weitron International Refrigeration Equipment Co., Ltd ............. PRC-Wide Entity16 ...................................................................... Disclosure We intend to disclose to parties the calculations performed in this proceeding within five days of the public announcement of this final determination in accordance with 19 CFR 351.224(b). asabaliauskas on DSK3SPTVN1PROD with NOTICES Continuation of Suspension of Liquidation Pursuant to section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to continue to suspend liquidation of all entries of R134a from the PRC, which were entered, or withdrawn from warehouse, for consumption on or after July 9, 2016 (for those entities for which we found critical circumstances exist) or on or after October 7, 2016, the date of publication in the Federal Register of the affirmative Preliminary Determination (for all entities for which we did not find critical circumstances exist). Further, pursuant to section 735(c)(1)(B)(ii) of the Act, the Department will instruct CBP to require a cash deposit 17 equal to the weightedaverage amount by which the normal value exceeds U.S. price, as follows: (1) For the exporter/producer combinations listed in the table above, the cash deposit rate will be equal to the dumping margin which the Department determined in this final determination; (2) for all combinations of PRC exporters/producers of merchandise under consideration which have not received their own separate rate above, the cash deposit rate will be equal to the 16 The PRC-Wide Entity includes Zhejiang Quzhou Lianzhou Refrigerants Co., Ltd., a mandatory respondent, as well as separate rate applicants Zhejiang Quhua Fluor-Chemistry Co., Ltd., and Sinochem Environmental Protection Chemicals (Taicang) Co. Ltd. See Issues and Decision Memorandum at comment 1 and Preliminary Determination at 17. 17 See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). VerDate Sep<11>2014 18:09 Feb 28, 2017 Jkt 241001 dumping margin established for the PRC-wide entity; and (3) for all non-PRC exporters of merchandise under consideration which have not received their own separate rate above, the cash deposit rate will be equal to the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. The suspension of liquidation instructions will remain in effect until further notice. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (‘‘ITC’’) of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of R134a from the PRC, or sales (or the likelihood of sales) for importation, of R134a from the PRC. If the ITC determines that such injury does not exist, this proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an AD order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice also serves as a reminder to the parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 148.79 148.79 148.79 148.79 148.79 148.79 148.79 148.79 167.02 destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: February 21, 2017. Carole Showers, Executive Director, Office of Policy, Policy & Negotiations. Appendix I Scope of the Investigation The product subject to this investigation is 1,1,1,2-Tetrafluoroethane, R–134a, or its chemical equivalent, regardless of form, type, or purity level. The chemical formula for 1,1,1,2-Tetrafluoroethane is CF3-CH2F, and the Chemical Abstracts Service registry number is CAS 811–97–2.18 Merchandise covered by the scope of this investigation is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) at subheading 2903.39.2020. Although the HTSUS subheading and CAS registry number are provided for convenience and customs purposes, the written description of the scope is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Investigation IV. Final Determination of Critical Circumstances, in Part V. Changes Since the Preliminary Determination VI. Use of Adverse Facts Available VII. Discussion of the Issues 18 1,1,1,2-Tetrafluoroethane is sold under a number of trade names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 134a (Honeywell); FreonTM 134a, Suva 134a, Dymel 134a, and Dymel P134a (Chemours); Solkane 134a (Solvay); and Forane 134a (Arkema). Generically, 1,1,1,2-Tetrafluoroethane has been sold as Fluorocarbon 134a, R–134a, HFC–134a, HF A–134a, Refrigerant 134a, and UN3159. E:\FR\FM\01MRN1.SGM 01MRN1 Federal Register / Vol. 82, No. 39 / Wednesday, March 1, 2017 / Notices Comment 1: Whether the Department Correctly Denied Lianzhou and Quhua a Separate Rate Comment 2: Whether the Scope of the Investigation Overlaps With an Existing Order Comment 3: Whether Critical Circumstances Exist for Weitron Comment 4: Sanmei’s By-Product Offsets Comment 5: Selection of Inland Boat Freight Surrogate Value Comment 6: Use of the CYDSA Financial Statement in Calculation of Surrogate Financial Ratios Comment 7: Revision of Sanmei’s Producer/Exporter Combinations VIII. Recommendation [FR Doc. 2017–03961 Filed 2–28–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–830] Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Countervailing Duty Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey). The period of investigation is January 1, 2015, through December 31, 2015. DATES: Effective March 1, 2017. FOR FURTHER INFORMATION CONTACT: Kaitlin Wojnar, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3857. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK3SPTVN1PROD with NOTICES AGENCY: Background This preliminary determination is issued in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on October 18, 2016.1 On December 1, 2016, the Department postponed the preliminary determination of this investigation until 1 See Steel Concrete Reinforcing Bar from the Republic of Turkey: Initiation of Countervailing Duty Investigation, 81 FR 71705 (October 18, 2016) (Initiation Notice). VerDate Sep<11>2014 18:29 Feb 28, 2017 Jkt 241001 February 21, 2017.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is rebar from Turkey. For a complete description of the scope of the investigation, see Appendix I to this notice. Scope Comments In accordance with the Preamble to the Department’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. Methodology The Department is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, the Department preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 2 See Steel Concrete Reinforcing Bar from the Republic of Turkey: Postponement of Preliminary Determination in Countervailing Duty Investigation, 81 FR 86701 (December 1, 2016). 3 See Department Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Countervailing Duty Investigation of Steel Concrete Reinforcing Bar from the Republic of Turkey,’’ dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties: Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 81 FR at 71706. 6 See sections 771(5)(B) and (D) of the Act (regarding financial contribution); see also section 771(5)(E) of the Act (regarding benefit); section 771(5A) of the Act (regarding specificity). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 12195 Alignment As noted in the Preliminary Decision Memorandum, in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), the Department is aligning the final determination in this countervailing duty (CVD) investigation with the final determination in the companion antidumping duty (AD) investigation of rebar from Turkey based on a request made by the petitioner.7 Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than May 15, 2017, unless postponed. All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the preliminary determination, the Department shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely on facts otherwise available under section 776 of the Act. The Department calculated an individual estimated countervailable subsidy rate for Habas Sinai ve Tibbi ¸ ¨ Gazlar Istihsal Endustrisi A.S. (Habas), ¸ the only individually examined exporter/producer in this investigation. Because the only individually calculated rate is not zero, de minimis, or based entirely on facts otherwise available, the individual estimated rate calculated for Habas is the rate assigned to all other producers and exporters, pursuant to section 705(c)(5)(A)(i) of the Act. Preliminary Determination The Department preliminarily determines that the following estimated countervailable subsidy rates exist: Company Habas Sinai ve Tibbi Gazlar ¸ ¨ Istihsal Endustrisi A.S. 8 .... ¸ All-Others .............................. Subsidy rate 3.47 percent 3.47 percent The scope of this countervailing duty investigation covers only rebar 7 See Letter from the Rebar Trade Action Coalition and its individual members, ‘‘Steel Concrete Reinforcing Bar from Turkey: Request to Align Countervailing Duty Final Determination with Antidumping Duty Final Determination,’’ February 1, 2017. 8 As discussed in the Preliminary Decision Memorandum, the Department has found the E:\FR\FM\01MRN1.SGM Continued 01MRN1

Agencies

[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Notices]
[Pages 12192-12195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03961]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-044]


1,1,1,2 Tetrafluoroethane (R-134a) From the People's Republic of 
China: Final Determination of Sales at Less Than Fair Value and 
Affirmative Determination of Critical Circumstances, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') determines that 
1,1,1,2 Tetrafluoroethane (R-134a) (``R134a'') from the People's 
Republic of China (``PRC'') is being, or is likely to be, sold in the 
United States at less than fair value (``LTFV''). The final weighted-
average dumping margins of sales at LTFV are listed below in the 
``Final Determination Margins'' section of this notice.

DATES: Effective March 1, 2017.

FOR FURTHER INFORMATION CONTACT: Paul Stolz or Keith Haynes, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4474, and (202) 482-
5139, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 7, 2016, the Department published the Preliminary 
Determination of this antidumping duty (``AD'') investigation.\1\ In 
the Preliminary Determination, we postponed the final determination 
until no later than 135 days after the date of publication of the 
Preliminary Determination in accordance with section 735(a)(2) of the 
Tariff Act of 1930, as amended (``the Act'') and invited interested 
parties to comment on our preliminary findings. A summary of the events 
that occurred since the Department published the Preliminary 
Determination, as well as a full discussion of the issues raised by 
parties for this final determination, may be found in the accompanying 
Issues and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See 1,1,1,2-Tetrafluoroethane (R-134a) from the People's 
Republic of China: Preliminary Determination of Sales at Less-Than-
Fair Value and Affirmative Determination of Critical Circumstances, 
in Part, and Postponement of Final Determination, 81 FR 69786 
(October 7, 2016) and accompanying Preliminary Decision Memorandum, 
as later amended by 1,1,1,2-Tetrafluoroethane (R-134a) from the 
People's Republic of China; Amended Preliminary Affirmative 
Determination of Sales at Less-Than-Fair Value, 81 FR 86699 
(December 1, 2016) (collectively, ``Preliminary Determination'').
    \2\ See Memorandum to Carole Showers, Executive Director, Office 
of Policy, Policy & Negotiations, (insert Carole's title), ``Issues 
and Decision Memorandum for the 1,1,1,2 Tetrafluoroethane (R-134a) 
from the People's Republic of China: Final Determination of Sales at 
Less Than Fair Value and Affirmative Determination of Critical 
Circumstances, in Part,'' dated concurrently with this notice 
(``Issues and Decision Memorandum'').
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (``POI'') is July 1, 2015, through 
December 31, 2015. This period corresponds to the two most recent 
fiscal quarters prior to the month of the filing of the petition, which 
was March, 2016.\3\
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.204(b)(1) and the Initiation Notice.
---------------------------------------------------------------------------

Scope Comments

    In the Initiation Notice, the Department set aside a period of time 
for parties to address scope issues in case briefs or other written 
comments on scope issues.\4\ No interested party provided comments on 
scope issues for the Preliminary Determination; however, certain 
parties did submit comments on the scope of the investigation in the 
case and rebuttal briefs. The Department addresses these comments in 
the accompanying Issues and Decision Memorandum, but the scope of this 
investigation remains unchanged for this final determination.\5\
---------------------------------------------------------------------------

    \4\ See 1, 1, 1, 2-Tetrafluoroethane from the People's Republic 
of China: Initiation of Less Than Fair Value Investigation, 81 FR 
18830 (April 1, 2016) (``Initiation Notice'').
    \5\ See the Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is 1,1,1,2 
Tetrafluoroethane (R-134a) from the PRC. For a full description of the 
scope of this investigation, see the ``Scope of the Investigation,'' in 
Appendix I of this notice.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by interested 
parties in this investigation that are not related to the scope of this 
investigation are addressed in the Issues and Decision Memorandum, 
which is incorporated by reference by, and hereby adopted by, this 
notice.\6\ A list of these issues is attached to this notice at 
Appendix II. The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized

[[Page 12193]]

Electronic Service System (``ACCESS''). ACCESS is available to 
registered users at https://access.trade.gov. The Issues and Decision 
Memorandum is available to all parties in the Central Records Unit, 
room B8024 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum is available at 
http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
---------------------------------------------------------------------------

    \6\ Id.
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, from November 9, 2016, 
through November 16, 2016, we conducted a verification of the sales and 
cost responses submitted by Zhejiang Sanmei Chemical Industry Co., Ltd. 
(``Sanmei''). We issued a verification report on December 19, 2016.\7\ 
The Department used standard verification procedures, including an 
examination of relevant accounting and production records and original 
source documents provided by respondents.\8\
---------------------------------------------------------------------------

    \7\ See the Department's memorandum, ``Verification of the Sales 
and Factors of Production Questionnaire Responses of Zhejiang Sanmei 
Chemical Industry Co., Ltd. in the Antidumping Investigation of 
1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of 
China,'' dated December 19, 2016 (``Verification Report'').
    \8\ Id.
---------------------------------------------------------------------------

Changes Since the Preliminary Determination

    Based on the Department's analysis of the comments received and our 
findings at verification, we made certain changes to Sanmei's margin 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation.\9\ Policy Bulletin 05.1 describes 
this practice.\10\
---------------------------------------------------------------------------

    \9\ See Initiation Notice, 81 FR at18834.
    \10\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' dated April 5, 2005 (``Policy Bulletin 05.1''), 
available on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Final Affirmative Determination of Critical Circumstances, in Part

    In the Preliminary Determination, the Department found that 
critical circumstances exist with respect to imports of R134a from the 
PRC produced or exported by the PRC-wide entity and non-individually 
reviewed producers/exporters entitled to a separate rate.\11\ We are 
not modifying our findings for this final determination. Thus, pursuant 
to section 735(a)(3)(B) of the Act and 19 CFR 351.206(h)(1)-(2), we 
find that critical circumstances exist with respect to subject 
merchandise produced or exported by the PRC-wide entity and non-
individually reviewed producers/exporters entitled to a separate 
rate.\12\
---------------------------------------------------------------------------

    \11\ See the memorandum, ``Less Than Fair Value Investigation of 
1,1,1,2 Tetrafluoroethane (``R-134a'') from the People's Republic of 
China (``PRC''): Critical Circumstances Import Data,'' dated 
September 29, 2016.
    \12\ For a full description of the methodology and results of 
our analysis, see the Issues and Decision Memorandum and see the 
memorandum, ``Analysis for the Final Determination of the Less-Than-
Fair-Value Investigation of 1,1,1,2-Tetrafluoroethane (R 134a) from 
the People's Republic of China,'' dated concurrently with this 
notice.
---------------------------------------------------------------------------

Separate Rate

    Under section 735(c)(5)(A) of the Act, the rate for all other 
companies that have not been individually examined is normally an 
amount equal to the weighted average of the estimated weighted-average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero and de minimis margins, and any 
margins determined entirely on the basis of facts available. In this 
final determination, we calculated a weighted-average dumping margin 
for Sanmei (the only mandatory respondent eligible for a separate rate) 
which is not zero, de minimis, or based entirely on facts available. 
Accordingly, we determine to use Sanmei's weighted-average dumping 
margin as the margin for the separate rate companies.

PRC-Wide Rate

    In our Preliminary Determination, we found that, pursuant to 
sections 776(a) and (b) of the Act, the PRC-wide entity did not respond 
to the Department's requests for information, failed to provide 
necessary information, withheld information requested by the 
Department, failed to provide information in a timely manner, and 
significantly impeded this proceeding by not submitting the requested 
information. As a result, we preliminarily determined to calculate the 
PRC-wide rate on the basis of adverse facts available (``AFA''). For 
the final determination, we continue to calculate the PRC-wide rate on 
the basis of AFA, in accordance with sections 776(a) and (b) of the 
Act. We are applying Sanmei's highest calculated transaction-specific 
dumping rate of 167.02 percent, as AFA, to the PRC-wide entity for this 
final determination.\13\ The transaction underlying this dumping margin 
is neither unusual in terms of transaction quantities nor otherwise 
atypical, and does not reveal any of Sanmei's proprietary data.\14\ 
There is no need to corroborate the selected margin because it is based 
on information submitted by Sanmei in the course of this investigation, 
i.e., it is not secondary information.\15\
---------------------------------------------------------------------------

    \13\ See, e.g., Silica Bricks and Shapes from the People's 
Republic of China: Preliminary Determination of Antidumping Duty 
Investigation and Postponement of Final Determination, 78 FR 37203 
(June 20, 2013), and accompanying Preliminary Decision Memorandum at 
Comment 3.
    \14\ See Certain Frozen Warmwater Shrimp from Thailand: Final 
Results and Final Partial Rescission of Antidumping Duty 
Administrative Review, 72 FR 52065 (September 12, 2007) and 
accompanying Issues and Decision Memorandum at Comment 2.
    \15\ See 19 CFR 351.308(c) and (d) and section 776(c) of the 
Act.
---------------------------------------------------------------------------

Final Determination

    The Department determines that the estimated final weighted-average 
dumping margins are as follows:

------------------------------------------------------------------------
                                                             Weighted-
            Exporter                     Producer         average margin
                                                             (percent)
------------------------------------------------------------------------
Zhejiang Sanmei Chemical         Zhejiang Sanmei                  148.79
 Industry Co., Ltd.               Chemical Industry Co.,
                                  Ltd. and Jiangsu
                                  Sanmei Chemicals Co.,
                                  Ltd.
Jiangsu Bluestar Green           Jiangsu Bluestar Green           148.79
 Technology Co., Ltd.             Technology Co., Ltd.
T.T. International Co., Ltd....  Electrochemical Factory          148.79
                                  of Zhejiang Juhua Co.,
                                  Ltd.
T.T. International Co., Ltd....  Sinochem Environmental           148.79
                                  Protection Chemicals
                                  (Taicang) Co., Ltd.
T.T. International Co., Ltd....  Zhejiang Quzhou                  148.79
                                  Lianzhou Refrigerants
                                  Co., Ltd.

[[Page 12194]]

 
T.T. International Co., Ltd....  Zhejiang Sanmei                  148.79
                                  Chemical Ind. Co., Ltd.
T.T. International Co., Ltd....  Zhejiang Zhonglan                148.79
                                  Refrigeration
                                  Technology Co., Ltd.
Weitron International            Sinochem Environmental           148.79
 Refrigeration Equipment Co.,     Protection Chemicals
 Ltd.                             (Taicang) Co., Ltd.
Weitron International            Weitron International            148.79
 Refrigeration Equipment Co.,     Refrigeration
 Ltd.                             Equipment Co., Ltd.
Weitron International            Zhejiang Organic Fluor-          148.79
 Refrigeration Equipment Co.,     Chemistry Plant,
 Ltd.                             Zhejiang Juhua Co.,
                                  Ltd.
Weitron International            Zhejiang Quhua Fluor-            148.79
 Refrigeration Equipment Co.,     Chemistry Co., Ltd.
 Ltd.
Weitron International            Zhejiang Quhua Juxin             148.79
 Refrigeration Equipment Co.,     Fluorochemical
 Ltd.                             Industry Co., Ltd.
Weitron International            Zhejiang Sanmei                  148.79
 Refrigeration Equipment Co.,     Chemical Industry Co.,
 Ltd.                             Ltd.
PRC-Wide Entity\16\............  .......................          167.02
------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties the calculations performed in this 
proceeding within five days of the public announcement of this final 
determination in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------

    \16\ The PRC-Wide Entity includes Zhejiang Quzhou Lianzhou 
Refrigerants Co., Ltd., a mandatory respondent, as well as separate 
rate applicants Zhejiang Quhua Fluor-Chemistry Co., Ltd., and 
Sinochem Environmental Protection Chemicals (Taicang) Co. Ltd. See 
Issues and Decision Memorandum at comment 1 and Preliminary 
Determination at 17.
---------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, the Department will 
instruct U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all entries of R134a from the PRC, which were 
entered, or withdrawn from warehouse, for consumption on or after July 
9, 2016 (for those entities for which we found critical circumstances 
exist) or on or after October 7, 2016, the date of publication in the 
Federal Register of the affirmative Preliminary Determination (for all 
entities for which we did not find critical circumstances exist). 
Further, pursuant to section 735(c)(1)(B)(ii) of the Act, the 
Department will instruct CBP to require a cash deposit \17\ equal to 
the weighted-average amount by which the normal value exceeds U.S. 
price, as follows: (1) For the exporter/producer combinations listed in 
the table above, the cash deposit rate will be equal to the dumping 
margin which the Department determined in this final determination; (2) 
for all combinations of PRC exporters/producers of merchandise under 
consideration which have not received their own separate rate above, 
the cash deposit rate will be equal to the dumping margin established 
for the PRC-wide entity; and (3) for all non-PRC exporters of 
merchandise under consideration which have not received their own 
separate rate above, the cash deposit rate will be equal to the cash 
deposit rate applicable to the PRC exporter/producer combination that 
supplied that non-PRC exporter. The suspension of liquidation 
instructions will remain in effect until further notice.
---------------------------------------------------------------------------

    \17\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (``ITC'') of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will determine, within 45 days, whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports of R134a from the PRC, or sales 
(or the likelihood of sales) for importation, of R134a from the PRC. If 
the ITC determines that such injury does not exist, this proceeding 
will be terminated and all securities posted will be refunded or 
canceled. If the ITC determines that such injury does exist, the 
Department will issue an AD order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to the parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of propriety information disclosed under APO 
in accordance with 19 CFR 351.305(a)(3). Timely written notification of 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: February 21, 2017.
Carole Showers,
Executive Director, Office of Policy, Policy & Negotiations.

Appendix I

Scope of the Investigation

    The product subject to this investigation is 1,1,1,2-
Tetrafluoroethane, R-134a, or its chemical equivalent, regardless of 
form, type, or purity level. The chemical formula for 1,1,1,2-
Tetrafluoroethane is CF3-CH2F, and the 
Chemical Abstracts Service registry number is CAS 811-97-2.\18\
---------------------------------------------------------------------------

    \18\ 1,1,1,2-Tetrafluoroethane is sold under a number of trade 
names including Klea 134a and Zephex 134a (Mexichem Fluor); Genetron 
134a (Honeywell); FreonTM 134a, Suva 134a, Dymel 134a, 
and Dymel P134a (Chemours); Solkane 134a (Solvay); and Forane 134a 
(Arkema). Generically, 1,1,1,2-Tetrafluoroethane has been sold as 
Fluorocarbon 134a, R-134a, HFC-134a, HF A-134a, Refrigerant 134a, 
and UN3159.
---------------------------------------------------------------------------

    Merchandise covered by the scope of this investigation is 
currently classified in the Harmonized Tariff Schedule of the United 
States (``HTSUS'') at subheading 2903.39.2020. Although the HTSUS 
subheading and CAS registry number are provided for convenience and 
customs purposes, the written description of the scope is 
dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Final Determination of Critical Circumstances, in Part
V. Changes Since the Preliminary Determination
VI. Use of Adverse Facts Available
VII. Discussion of the Issues

[[Page 12195]]

    Comment 1: Whether the Department Correctly Denied Lianzhou and 
Quhua a Separate Rate
    Comment 2: Whether the Scope of the Investigation Overlaps With 
an Existing Order
    Comment 3: Whether Critical Circumstances Exist for Weitron
    Comment 4: Sanmei's By-Product Offsets
    Comment 5: Selection of Inland Boat Freight Surrogate Value
    Comment 6: Use of the CYDSA Financial Statement in Calculation 
of Surrogate Financial Ratios
    Comment 7: Revision of Sanmei's Producer/Exporter Combinations
VIII. Recommendation

[FR Doc. 2017-03961 Filed 2-28-17; 8:45 am]
BILLING CODE 3510-DS-P